The judge had already been sentenced to censorship by the TJ-SP, but the council considered it a light sanction
O CNJ (National Council of Justice) decided on Tuesday (5th March 2024), unanimously, to remove the judge from the Public Finance Court of Araçatuba, José Daniel Diniz Gonçalves. He is accused of attacking his ex-wife and is suspected of failing to provide assistance for not taking her to the hospital.
The council also requested a review of the sanction. The judge had been penalized for TJ-SP (São Paulo Court of Justice) in April 2022. Under penalty of censorship, he was prevented from being promoted for 1 year.
The council's rapporteur, minister Luis Felipe Salomão, however, considered the sanction light and, therefore, requested a new investigation. Read the complete of the request (PDF – 76 kB).
“The circumstances of the incident are serious and require careful analysis to assess the most appropriate penalty, avoiding not only the reiteration of new conduct, but compromising the image of the Judiciary as a whole”he said.
Salomão considered whether the lack of contemporaneity of the fact should allow the judge to be removed. After discussion, the councilors approved the decision.
In the plenary, the president of the CNJ, minister Luís Roberto Barroso, voted to value the victim's perspective, since the testimonies of those involved are different. The minister followed the council's gender-sensitive judgment protocol.
Understand
The case of physical aggression dates back to 2021. According to the CNJ decision, the couple had an argument and magistrate José Daniel Gonçalves pushed his ex-wife.
She reportedly hit her back against a counter, fell and hit her head on the floor. Daniel did not help her and she was taken to the hospital by her neighbor.
The accused used the argument of self-defense to justify the aggression. The TJ-SP judge, however, considered the response disproportionate, since Daniel only had minor injuries, while his ex-wife was hospitalized for two weeks with spinal injuries and skull edema.
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